Additional Fundraising. The receipt by the Company of at least $3.3 million of net proceeds from the issuance of additional Common Stock and Warrants of the same class and series as, and otherwise identical to, the Common Stock and Warrants issued hereunder on terms satisfactory to the Investors (the "Required Equity"). The Company shall not utilize the proceeds of the Required Equity to fund the purchase of securities held by Nortel (including the Nortel Note and the Company's Series H Preferred Stock).
Appears in 8 contracts
Samples: Purchase Agreement (Fibernet Telecom Group Inc\), Purchase Agreement (Fibernet Telecom Group Inc\), Purchase Agreement (Fibernet Telecom Group Inc\)
Additional Fundraising. The receipt by the Company of at least $3.3 million of net proceeds from the issuance of additional Common Stock and Warrants of the same class and series as, and otherwise identical to, the Common Stock and Warrants issued hereunder on terms satisfactory to the Investors (the "“Required Equity"”). The Company shall not utilize the proceeds of the Required Equity to fund the purchase of securities held by Nortel (including the Nortel Note and the Company's ’s Series H Preferred Stock).
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ibm Credit Corp), Common Stock and Warrant (Ibm Credit Corp)